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    Republicans Block Voting Rights Bill, Dealing Blow to Biden and Democrats

    All 50 G.O.P. senators opposed the sweeping elections overhaul, leaving a long-shot bid to eliminate the filibuster as Democrats’ best remaining hope to enact legal changes.WASHINGTON — Republicans on Tuesday blocked the most ambitious voting rights legislation to come before Congress in a generation, dealing a blow to Democrats’ attempts to counter a wave of state-level ballot restrictions and supercharging a campaign to end the legislative filibuster.President Biden and Democratic leaders said the defeat was only the beginning of their drive to steer federal voting rights legislation into law, and vowed to redouble their efforts in the weeks ahead.“In the fight for voting rights, this vote was the starting gun, not the finish line,” said Senator Chuck Schumer, Democrat of New York and the majority leader. “We will not let it go. We will not let it die. This voter suppression cannot stand.”But the Republican blockade in the Senate left Democrats without a clear path forward, and without a means to beat back the restrictive voting laws racing through Republican-led states. For now, it will largely be left to the Justice Department to decide whether to challenge any of the state laws in court — a time-consuming process with limited chances of success — and to a coalition of outside groups to help voters navigate the shifting rules.Democrats’ best remaining hope to enact legal changes rests on a long-shot bid to eliminate the legislative filibuster, which Republicans used on Tuesday to block the measure, called the For the People Act. Seething progressive activists pointed to the Republicans’ refusal to even allow debate on the issue as a glaring example of why Democrats in the Senate must move to eliminate the rule and bypass the G.O.P. on a range of liberal priorities while they still control Congress and the presidency.They argued that with former President Donald J. Trump continuing to press the false claim that the election was stolen from him — a narrative that many Republicans have perpetuated as they have pushed for new voting restrictions — Democrats in Congress could not afford to allow the voting bill to languish.Senator Mitch McConnell, the minority leader, denounced any attempt to gut the filibuster.Sarahbeth Maney/The New York Times“The people did not give Democrats the House, Senate and White House to compromise with insurrectionists,” Representative Ayanna Pressley, Democrat of Massachusetts, wrote on Twitter. “Abolish the filibuster so we can do the people’s work.”Liberal activists promised a well-funded summertime blitz, replete with home-state rallies and million-dollar ad campaigns, to try to ramp up pressure on a handful of Senate Democrats opposed to changing the rules. Mounting frustration with Republicans could accelerate a growing rift between liberals and more moderate lawmakers over whether to try to pass a bipartisan infrastructure and jobs package or move unilaterally on a far more ambitious plan.But key Democratic moderates who have defended the filibuster rule — led by Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona — appeared unmoved and said their leaders should try to find narrower compromises, including on voting and infrastructure bills.Ms. Sinema dug in against eliminating the filibuster on the eve of the vote, writing an op-ed in The Washington Post defending the 60-vote threshold. Without the rule there to force broad consensus, she argued, Congress could swing wildly every two years between enacting and then reversing liberal and conservative agenda items.“The filibuster is needed to protect democracy, I can tell you that,” Mr. Manchin told reporters on Tuesday.In their defeat, top Democrats appeared keen to at least claim Republicans’ unwillingness to take up the bill as a political issue. They planned to use it in the weeks and months ahead to stoke enthusiasm with their progressive base by highlighting congressional Republicans’ refusal to act to preserve voting rights at a time when their colleagues around the country are racing to clamp down on ballot access.Vice President Kamala Harris spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise.Erin Schaff/The New York Times“Once again, Senate Republicans have signed their names in the ledger of history alongside Donald Trump, the big lie and voter suppression — to their enduring disgrace,” Mr. Schumer said. “This vote, I’m ashamed to say, is further evidence that voter suppression has become part of the official platform of the Republican Party.”Democrats’ bill, which passed the House in March, would have ushered in the largest federally mandated expansion of voting rights since the 1960s, ended the practice of partisan gerrymandering of congressional districts, forced super PACs to disclose their big donors and created a new public campaign financing system.It would have pushed back against more than a dozen Republican-led states that have enacted laws that experts say will make it harder for people of color and young people to vote, or shift power over elections to G.O.P. legislators. Other states appear poised to follow suit, including Texas, whose Republican governor on Tuesday called a special legislative session in July, when lawmakers are expected to complete work on a voting bill Democrats temporarily blocked last month.After months of partisan wrangling over the role of the federal government in elections, the outcome on Tuesday was hardly a surprise to either party. All 50 Senate Democrats voted to advance the federal legislation and open debate on other competing voting bills. All 50 Republicans united to deny it the 60 votes needed to overcome the filibuster, deriding it as a bloated federal overreach.Republicans never seriously considered the legislation, or a narrower alternative proposed in recent days by Mr. Manchin. They mounted an aggressive campaign in congressional committees, on television and finally on the floor to portray the bill as a self-serving federalization of elections to benefit Democrats. They called Democrats’ warnings about democracy hyperbolic. And they defended their state counterparts, including arguments that the laws were needed to address nonexistent “election integrity” issues Mr. Trump raised about the 2020 election.“The filibuster is needed to protect democracy, I can tell you that,” Senator Joe Manchin III said.Erin Schaff/The New York TimesSenate Republicans particularly savaged provisions restructuring the Federal Election Commission to avoid deadlocks and the proposed creation of a public campaign financing system for congressional campaigns.“These same rotten proposals have sometimes been called a massive overhaul for a broken democracy, sometimes just a modest package of tweaks for a democracy that’s working perfectly and sometimes a response to state actions, which this bill actually predates by many years,” said Senator Mitch McConnell, Republican of Kentucky and the minority leader. “But whatever label Democrats slap on the bill, the substance remains the same.”His top deputy, Senator John Thune of South Dakota, also threw cold water on any suggestion the two parties could come together on a narrower voting bill as long as Democrats wanted Congress to overpower the states.“I don’t think there’s anything I’ve seen yet that doesn’t fundamentally change the way states conduct elections,” he said. “It’s sort of a line in the sand for most of our members.”At more than 800 pages, the For the People Act was remarkably broad. It was first assembled in 2019 as a compendium of long-sought liberal election changes and campaign pledges that had energized Democrats’ anti-corruption campaign platform in the 2018 midterm elections. At the time, Democrats did not control the Senate or the White House, and so the bill served more as a statement of values than a viable piece of legislation..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}When Democrats improbably won control of them, proponents insisted that what had essentially been a messaging bill become a top legislative priority. But the approach was always flawed. Mr. Manchin did not support the legislation, and other Democrats privately expressed concerns over key provisions. State election administrators from both parties said some of its mandates were simply unworkable (Democrats proposed tweaks to alleviate their concerns). Republicans felt little pressure to back a bill of its size and partisan origins.Senator Amy Klobuchar, right, announced that she would use her gavel on the Rules Committee to hold a series of hearings on election issues.Sarahbeth Maney/The New York TimesDemocratic leaders won Mr. Manchin’s vote on Tuesday by agreeing to consider a narrower compromise proposal he drafted in case the debate had proceeded. Mr. Manchin’s alternative would have expanded early and mail-in voting, made Election Day a federal holiday, and imposed new campaign and government ethics rules. But it cut out proposals slammed by Republicans, including one that would have neutered state voter identification laws popular with voters and another to set up a public campaign financing system.Mr. Manchin was not the only Democrat keen on Tuesday to project a sense of optimism and purpose, even as the party’s options dwindled. Senator Amy Klobuchar, Democrat of Minnesota, announced she would use her gavel on the Rules Committee to hold a series of hearings on election issues, including a field hearing in Georgia to highlight the state’s restrictive new voting law.Vice President Kamala Harris, who asked to take the lead on voting issues for Mr. Biden, spent the afternoon on Capitol Hill trying to drum up support for the bill and craft some areas of bipartisan compromise. She later presided over the vote.“The fight is not over,” she told reporters afterward.Facing criticism from party activists who accused him of taking too passive a role on the issue, Mr. Biden said he would have more to say on the issue next week but vowed to fight on against the dawning of a “Jim Crow era in the 21st century.”“I’ve been engaged in this work my whole career, and we are going to be ramping up our efforts to overcome again — for the people, for our very democracy,” he said in a statement.But privately, top Democrats in Congress conceded they had few compelling options and dwindling time to act — particularly if they cannot persuade all 50 of their members to scrap the filibuster rule. The Senate will leave later this week for a two-week break. When senators return, Democratic leaders, including Mr. Biden, are eager to quickly shift to consideration of an infrastructure and jobs package that could easily consume the rest of the summer.They have also been advised by Democratic elections lawyers that unless a voting overhaul is signed into law by Labor Day, it stands little chance of taking effect before the 2022 midterm elections.Both the House and the Senate are still expected to vote this fall on another marquee voting bill, the John Lewis Voting Rights Advancement Act. The bill would put teeth back into a key provision of the Voting Rights Act of 1965 that made it harder for jurisdictions with a history of discrimination to enact voting restrictions, which was invalidated by the Supreme Court in 2013. While it does have some modest Republican support, it too appears to be likely doomed by the filibuster.“This place can always make you despondent,” said Senator Christopher S. Murphy, Democrat of Connecticut. “The whole exercise of being a member of this body is convincing yourself to get up another day to convince yourself that the fight is worth engaging in. But yeah, this certainly feels like an existential fight.”Jonathan Weisman More

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    Garland Pledges Renewed Efforts to Protect Voting Rights

    The attorney general’s commitment served notice to Republican-led states imposing new voting restrictions, and included a vow to protect the voting rights of people of color.WASHINGTON — Attorney General Merrick B. Garland laid out an expansive plan on Friday for protecting voting rights, announcing that the Justice Department would double enforcement staff on the issue, scrutinize new state laws that seek to curb voter access and take action if it sees a violation of federal law.In his first public speech on an issue that has provoked intense partisan conflict in statehouses and in Washington, Mr. Garland served notice to Republicans pushing a raft of restrictive voting laws that he was determined to ensure the right to vote for all Americans.Mr. Garland did not outline any investigations or specific actions the department might take against states. Nevertheless, his pledge is an about-face from the department’s near abdication of voting rights enforcement under the Trump administration. Over the past four years, the department did not file any new cases under the Voting Rights Act until May of last year, a rare period of silence for one of the most consequential arms for protecting voting rights in the country.“To meet the challenge of the current moment, we must rededicate the resources of the Department of Justice to a critical part of its original mission: enforcing federal law to protect the franchise for all eligible voters,” Mr. Garland said in an address at the department headquarters.Mr. Garland made a specific commitment to protect the voting rights of people of color, reflecting a return to the traditional role the Justice Department has played in preventing discrimination based on race. Voting rights groups and civil rights activists have argued that many of the new voting laws would have a disproportionate impact on voters of color, and President Biden described the restrictions Georgia passed in March as “Jim Crow in the 21st Century.’’Without identifying specific states, Mr. Garland made an apparent allusion to the hourslong lines many Black voters faced last year in Georgia’s June primary elections, citing studies showing that “in some jurisdictions, nonwhite voters must wait in line substantially longer than white voters to cast their ballots.’’He also made a clear reference to Arizona’s Republican-led — and widely derided — recount of two million votes in Maricopa County, saying the department would scrutinize postelection audits “to ensure they abide by federal statutory requirements to protect election records and avoid the intimidation of voters.”In a statement Friday evening, the department said it had sent a letter to the Arizona Senate, expressing concern over, and explaining federal legal constraints on, the conduct of its continuing postelection audit.The drive to enact new voting laws has become a core mission of the Republican Party, as former President Donald J. Trump and his allies continue to peddle false claims about a rigged election and call for more states he lost to audit their results despite no evidence of fraud. Pledges to restrict access to voting under the banner of “election integrity” have become commonplace in fund-raising emails and campaign ads from G.O.P. candidates.Republican-led legislatures in several states including Georgia, Florida and Iowa have passed laws imposing new voting restrictions, and Texas, New Hampshire, Arizona and Michigan, among other states, are considering changes to their electoral systems. At the same time, hopes have dimmed on the left that Congress will pass two major election bills after Senator Joe Manchin III, Democrat of West Virginia, said he would not support abolishing the filibuster to advance such measures.Mr. Garland has said that protecting the right to vote is one of his top priorities as attorney general, and his top lieutenants include high-profile voting rights advocates such as Vanita Gupta, the department’s No. 3 official, and Kristen Clarke, the head of the Civil Rights Division. The division currently has about a dozen employees on its enforcement staff, which is focused on protecting the right to vote, according to a department official familiar with the staff.Despite his pledge, Mr. Garland is still limited in what he can do unless Democrats in Congress somehow manage to pass new voter protection laws. He can sue states that are found to have violated any of the nation’s four major federal voting rights laws. He can notify state and local governments when he believes that their procedures violate federal law. And federal prosecutors can charge people who are found to have intimidated voters, a federal crime.The Justice Department’s most powerful tool, the Voting Rights Act, was significantly weakened by a 2013 Supreme Court decision that struck down pieces of the act forcing states with legacies of racial discrimination to receive Justice Department approval before they could change their voting laws.Now the department can only sue after a law has been passed and found to violate the act, meaning that a restrictive law could stand through multiple election cycles as litigation winds its way through the courts.Any new steps to protect voting rights are unlikely to move quickly, said Joanna Lydgate, a former deputy attorney general of Massachusetts who co-founded the States United Democracy Center. “People will need to be patient,” she said.Still, progressive groups praised the announcement, which is seen as an important bulwark against the new voting laws introduced in all but two states that have Republican-controlled legislatures. There are nearly 400 in total, according to the Brennan Center for Justice, a progressive public policy institute that is part of the New York University School of Law.As of May 14, lawmakers had passed 22 new laws in 14 states to make the process of voting more difficult, according to the group.Democrats have filed lawsuits against some new voting laws, but that litigation could take years to wind its way through the courts and may have little power to stop those laws from affecting upcoming elections. And so far, the federal government has not joined the legal fight.“We need to make sure that the federal government is an active participant in protecting the right to vote,” said Tom Perez, a former Democratic National Committee chairman who led the Justice Department’s Civil Rights Division during President Barack Obama’s first term. “We can’t simply rely on private lawsuits.”Conservatives who have crafted and pushed for the new voting laws scoffed at Mr. Garland’s announcement.“Americans have been clear: they support laws making it easy to vote and hard to cheat in states across the country,” said Jessica Anderson, the executive director of Heritage Action, which helped write and then organized support for many of the new laws. “Despite the false narrative coming out of the White House and now the Department of Justice, Americans support secure, fair elections, even if the left does not.”The Justice Department’s curbed abilities to fight voter fraud were amplified under the Trump administration.“It was a really low point for voting rights enforcement,” said Wendy R. Weisser, the director of the Democracy Program at the Brennan Center. “There’s a lot of ground to be made up obviously, and now there’s unprecedented challenges to voting rights.”During the 2020 election, the department publicly appeared to be more concerned with hunting for fraud than protecting voting rights. In September, then-Attorney General William P. Barr made numerous false statements about voting by mail in an interview with CNN, and amplified the importance of a minor ballot error in Luzerne County, Pa., making it appear as if it warranted a major fraud investigation.Mr. Garland expressed skepticism about the use of unorthodox postelection audits, saying they could undermine faith in the nation’s ability to host free and fair elections. He said that some jurisdictions had used disinformation to justify such audits.Assertions of material voter fraud in the 2020 election “have been refuted by the law enforcement and intelligence agencies of both this administration and the previous one, as well as by every court — federal and state — that has considered them,” Mr. Garland said.The Justice Department will publish guidance explaining the civil and criminal statutes that apply to postelection audits, as well as guidance on early voting and voting by mail, and will work with other agencies to combat disinformation, Mr. Garland said.Republicans have taken aim at specific pillars of voting access, particularly ones utilized during the 2020 election as voters sought safer options amid the coronavirus pandemic.In an effort to restrict voting by mail, they have sought to limit the number of drop boxes in multiple states, limit who can request mail ballots and add new identification requirements for absentee ballots.Republican legislatures are also seeking to greatly empower partisan poll watchers across the country. The role, which is meant to simply be an observational check granted to both political parties and all candidates, has grown increasingly controversial as party leaders, including Mr. Trump, have sometimes used militarist language to describe them.Mr. Garland said that the Justice Department had taken note of a sharp rise “in menacing and violent threats” against state and local election workers. Such threats, he said, undermined the electoral process and violated federal laws.Mr. Perez said the timing of the department’s involvement in voting laws was crucial. “The most important year in voting is always the year that ends in a 1,” he said. “That’s the year of redistricting, that’s the year in which there’s often a lot of change in state legislatures and that’s the year when you always have a dramatic increase in shenanigans.” More

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    Voter Suppression Must Be the Central Issue

    The right to vote is everything in a democracy.Without influence over power, you are completely vulnerable to that power. There is no way to access prosperity or ensure personal protection when you live in a society in which people who share your interests are inhibited in their political participation. More

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    VP Kamala Harris Asked to Lead on Voting Rights, and It's a Challenge

    Her new role comes as the Senate enters a crucial month in the Democratic drive to enact the most extensive elections overhaul in a generation.WASHINGTON — Vice President Kamala Harris did not come to her role with a list of demands. She wanted to be a generalist, in large part to learn the political rhythms of a president she was still getting to know. In the first few months of her tenure, some of her portfolio assignments were just that: assignments.But on the matter of protecting voting rights, an issue critically important to President Biden’s legacy, Ms. Harris took a rare step. In a meeting with the president over a month ago, she told him that she wanted to take the lead on the issue.Mr. Biden agreed, two people familiar with the discussions said, and his advisers decided to time the announcement of Ms. Harris’s new role to a speech he delivered on Tuesday in Tulsa, Okla. In his remarks, the president declared the efforts of Republican-led statehouses around the country to make it harder to vote as an “assault on our democracy, ” and said Ms. Harris could help lead the charge against them.He also gave a blunt assessment of the task: “It’s going to take a hell of a lot of work.”Back in Washington, the president’s announcement has not clearly illuminated a path forward for Ms. Harris, whose involvement in the issue stands to become her most politically delicate engagement yet. Her new role comes as the Senate enters a crucial month in the Democratic drive to enact the farthest-reaching elections overhaul in a generation, including a landmark expansion of voting rights that is faltering in the Senate.Her office has not yet announced its plans, aside from calls Ms. Harris held with civil rights activists, including Derrick Johnson, the president of the National Association for the Advancement of Colored People, and a few scheduled meetings with prominent voting rights groups. Her advisers say she will take a wide-ranging approach to the issue by giving speeches, convening stakeholders and using the vice-presidential bully pulpit to raise awareness of the importance of the vote.“The work of voting rights has implications for not just one year down the road or four years down the road but 50 years from now,” Symone D. Sanders, the vice president’s senior adviser and press secretary, said in an interview on Wednesday. “The president understands that and the vice president understands that, and that’s why we will implement a comprehensive strategy.”The voting rights bill faces a more urgent timeline. The vast majority of the party has agreed to make the bill the party’s top legislative priority, and Senator Chuck Schumer, Democrat of New York and the majority leader, vowed to put it up for a vote later this month so any changes could be put into effect before the 2022 elections.With just weeks to go, it remains far from clear if it can actually pass. Because Republicans have locked arms in opposition, the only path forward would require all 50 Democrats — plus Ms. Harris, who serves as the tiebreaking vote in an evenly divided Senate — to support not only the substance of the bill, but changing the filibuster rule requiring 60 votes to approve major legislation, allowing it to pass with a simple majority instead.A handful of Democratic senators have expressed unease about changing the filibuster, while Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona, have been more adamant in their opposition.Mr. Biden has already pledged to sign the bill, which the House passed with only Democratic votes this spring. Known as the For the People Act, the bill would overhaul the nation’s elections system by creating new national requirements for early and mail-in voting, rein in campaign donations and limit partisan gerrymandering. But with the bill all but stalled in the Senate, Mr. Biden has repeatedly expressed concern over its future in his discussions with Democrats.The announcement that Ms. Harris would be working to move the bill forward took many on Capitol Hill by surprise. Ms. Harris and Mr. Schumer spoke on Tuesday — and had plans to hold a follow-up conversation late Wednesday, a White House official said — but it did not appear Mr. Manchin or Ms. Sinema were given a heads up.In a statement, Mr. Schumer said he welcomed Ms. Harris’s help navigating into law an elections overhaul that was “essential to protecting the future of our democracy.”Proponents of the voting legislation took her involvement as a sign that their attempts to build pressure not just on lawmakers, but the White House, were being felt.Senator Chuck Schumer, the majority leader, said he welcomed Ms. Harris’s help navigating into law an elections overhaul that was “essential to protecting the future of our democracy.”Erin Scott for The New York Times“It’s an interesting move given the long odds of anything getting passed and signed into law,” said James P. Manley, who served as a senior aide to former Senator Harry Reid of Nevada, the Democratic leader before Mr. Schumer. “There’s not a lot of cards to play right now, so it shows me they are going to try to raise the public temperature of this thing.”Others pointed out that even though Mr. Biden has decades of experience moving legislation through the Senate, Ms. Harris, the first woman and woman of color to hold her role, comes to the issue with an equally valuable perspective as the country grapples with the ways American policies have marginalized and mistreated Black people.“I think that Vice President Harris herself personifies the need for voting rights to be extended,” the Rev. Al Sharpton, who attended the speech in Tulsa, said in an interview. “When she’s on the phone or walks into an office, we’re looking at the reason we need voting rights.”Michael Waldman, the president of the Brennan Center for Justice at the New York University School of Law, said that the decision to elevate Ms. Harris as the face of the administration’s work on the issue was a pivotal moment for the Biden White House given the number of voter suppression efforts that were moving forward — 389 bills in 48 states and counting, according to a tracker maintained the Brennan Center.“It has been decades since a Democratic White House has made voting rights and democracy reform a central goal,” Mr. Waldman said, but he added, “the clock is ticking.”Ms. Harris’s impact on the hand-to-hand politics of the Senate is expected to be limited, but she often drew attention to voting rights during her four years as a senator. During her last year in the Senate, Ms. Harris introduced legislation that would expand election security measures, require each state to have early in-person voting periods and allow for an expansion of mail-in absentee ballots.In 2020, Ms. Harris was also a co-sponsor of the John Lewis Voting Rights Act, which would restore a piece of the Voting Rights Act of 1965 that relied on a formula to identify states with a history of discrimination and require that those jurisdictions clear any changes to their voting processes with the federal government. The protections were eliminated by the Supreme Court in 2013.Still, Ms. Harris, who spent a chunk of her time in the Senate running for president, was not known for building especially close relationships with colleagues, and Mr. Manchin and Ms. Sinema are no exceptions.Several Democratic aides who work closely with the senators scoffed on Wednesday at the idea that Ms. Harris, known as a staunch liberal, would be the one to persuade either moderate lawmaker to change the filibuster rule. Nor is Ms. Harris a likely candidate to broker the kind of compromise on the substance of the bill needed to persuade Mr. Manchin, the only Democrat who has not sponsored it, to back it.Ms. Harris’s attempts in February to nudge Mr. Manchin to back the White House’s proposed $1.9 trillion coronavirus rescue package are illustrative.Mr. Manchin was piqued when Ms. Harris appeared, without warning, on a television affiliate in West Virginia to promote the package before he backed it. Though a Democratic aide familiar with the matter, who asked for anonymity to speak candidly, said the episode was now “water under the bridge,” it prompted cleanup by top White House officials.Mr. Manchin and Ms. Sinema’s offices declined to comment about Ms. Harris’s new role.Senate Republicans, meanwhile, are doing their best to kill the bill and blunt any Democratic attempt to change the filibuster rule, which would leave their party powerless to stop the passage of sweeping liberal priorities well beyond voting rights.At an event in his home state on Wednesday, Senator Mitch McConnell, Republican of Kentucky and the minority leader, argued that Democrats were inflating the impact of new state voting laws in an attempt to justify an unwarranted and chaotic slew of top-down changes to the way states run elections.“What is going on is the Democrats are trying to convince the Senate that states are involved in trying to prevent people from voting in order to pass a total federal takeover in how we conduct elections,” he told reporters. He said “not a single member” of his party supported the bill.Aware of the daunting path ahead, allies of the White House said that shepherding the bill through Congress was only one piece of the effort. Ms. Harris could be useful in helping ratchet up pressure on private companies, working with civil rights organizations, and engaging local communities over the importance of registering to vote.“She understands the need to engage in what I’d like to call kind of an ‘all of the above approach,’” said Representative Steven Horsford, Democrat of Nevada. “We can’t take anything for granted when we’re talking about having people’s voice heard at the ballot box.” More

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    Harris Asked to Lead on Voting Rights, and It's a Challenge

    Her new role comes as the Senate enters a crucial month in the Democratic drive to enact the most extensive elections overhaul in a generation.WASHINGTON — Vice President Kamala Harris did not come to her role with a list of demands. She wanted to be a generalist, in large part to learn the political rhythms of a president she was still getting to know. In the first few months of her tenure, some of her portfolio assignments were just that: assignments.But on the matter of protecting voting rights, an issue critically important to President Biden’s legacy, Mr. Harris took a rare step. In a meeting with the president over a month ago, she told him that she wanted to take the lead on the issue.Mr. Biden agreed, two people familiar with the discussions said, and his advisers decided to time the announcement of Ms. Harris’s new role to a speech he delivered on Tuesday in Tulsa, Okla. In his remarks, the president declared the efforts of Republican-led statehouses around the country to make it harder to vote as an “assault on our democracy, ” and said Ms. Harris could help lead the charge against them.He also gave a blunt assessment of the task: “It’s going to take a hell of a lot of work.”Back in Washington, the president’s announcement has not clearly illuminated a path forward for Ms. Harris, whose involvement in the issue stands to become her most politically delicate engagement yet. Her new role comes as the Senate enters a crucial month in the Democratic drive to enact the farthest-reaching elections overhaul in a generation, including a landmark expansion of voting rights that is faltering in the Senate.Her office has not yet announced its plans, aside from calls Ms. Harris held with civil rights activists, including Derrick Johnson, the president of the National Association for the Advancement of Colored People, and a few scheduled meetings with prominent voting rights groups. Her advisers say she will take a wide-ranging approach to the issue by giving speeches, convening stakeholders and using the vice-presidential bully pulpit to raise awareness of the importance of the vote.“The work of voting rights has implications for not just one year down the road or four years down the road but 50 years from now,” Symone Sanders, the vice president’s senior adviser and press secretary, said in an interview on Wednesday. “The president understands that and the vice president understands that, and that’s why we will implement a comprehensive strategy.”The voting rights bill faces a more urgent timeline. The vast majority of the party has agreed to make the bill the party’s top legislative priority, and Senator Chuck Schumer, Democrat of New York and the majority leader, vowed to put it up for a vote later this month so any changes could be put into effect before the 2022 elections.With just weeks to go, it remains far from clear if it can actually pass. Because Republicans have locked arms in opposition, the only path forward would require all 50 Democrats — plus Ms. Harris, who serves as the tiebreaking vote in an evenly divided Senate — to support not only the substance of the bill, but changing the filibuster rule requiring 60 votes to approve major legislation, allowing it to pass with a simple majority instead.A handful of Democratic senators have expressed unease about changing the filibuster, while Senator Joe Manchin III of West Virginia and Senator Kyrsten Sinema, Democrat of Arizona, have been more adamant in their opposition.Mr. Biden has already pledged to sign the bill, which the House passed with only Democratic votes this spring. Known as the For the People Act, the bill would overhaul the nation’s elections system by creating new national requirements for early and mail-in voting, rein in campaign donations and limit partisan gerrymandering. But with the bill all but stalled in the Senate, Mr. Biden has repeatedly expressed concern over its future in his discussions with Democrats.The announcement that Ms. Harris would be working to move the bill forward took many on Capitol Hill by surprise. Ms. Harris and Mr. Schumer spoke on Tuesday — and had plans to hold a follow-up conversation late Wednesday, a White House official said — but it did not appear Mr. Manchin or Ms. Sinema were given a heads up.In a statement, Mr. Schumer said he welcomed Ms. Harris’s help navigating into law an elections overhaul that was “essential to protecting the future of our democracy.”Proponents of the voting legislation took her involvement as a sign that their attempts to build pressure not just on lawmakers, but the White House, were being felt.Senator Chuck Schumer, the majority leader, said he welcomed Ms. Harris’s help navigating into law an elections overhaul that was “essential to protecting the future of our democracy.”Erin Scott for The New York Times“It’s an interesting move given the long odds of anything getting passed and signed into law,” said James P. Manley, who served as a senior aide to former Senator Harry Reid of Nevada, the Democratic leader before Mr. Schumer. “There’s not a lot of cards to play right now, so it shows me they are going to try to raise the public temperature of this thing.”Others pointed out that even though Mr. Biden has decades of experience moving legislation through the Senate, Ms. Harris, the first woman and woman of color to hold her role, comes to the issue with an equally valuable perspective as the country grapples with the ways American policies have marginalized and mistreated Black people.“I think that Vice President Harris herself personifies the need for voting rights to be extended,” the Rev. Al Sharpton, who attended the speech in Tulsa, said in an interview. “When she’s on the phone or walks into an office, we’re looking at the reason we need voting rights.”Michael Waldman, the president of the Brennan Center for Justice at the New York University School of Law, said that the decision to elevate Ms. Harris as the face of the administration’s work on the issue was a pivotal moment for the Biden White House given the number of voter suppression efforts that were moving forward — 389 bills in 48 states and counting, according to a tracker maintained the Brennan Center.“It has been decades since a Democratic White House has made voting rights and democracy reform a central goal,” Mr. Waldman said, but he added, “the clock is ticking.”Ms. Harris’s impact on the hand-to-hand politics of the Senate is expected to be limited, but she often drew attention to voting rights during her four years as a senator. During her last year in the Senate, Ms. Harris introduced legislation that would expand election security measures, require each state to have early in-person voting periods and allow for an expansion of mail-in absentee ballots.In 2020, Ms. Harris was also a co-sponsor of the John Lewis Voting Rights Act, which would restore a piece of the Voting Rights Act of 1965 that relied on a formula to identify states with a history of discrimination and require that those jurisdictions clear any changes to their voting processes with the federal government. The protections were eliminated by the Supreme Court in 2013.Still, Ms. Harris, who spent a chunk of her time in the Senate running for president, was not known for building especially close relationships with colleagues, and Mr. Manchin and Ms. Sinema are no exceptions.Several Democratic aides who work closely with the senators scoffed on Wednesday at the idea that Ms. Harris, known as a staunch liberal, would be the one to persuade either moderate lawmaker to change the filibuster rule. Nor is Ms. Harris a likely candidate to broker the kind of compromise on the substance of the bill needed to persuade Mr. Manchin, the only Democrat who has not sponsored it, to back it.Ms. Harris’s attempts in February to nudge Mr. Manchin to back the White House’s proposed $1.9 trillion coronavirus rescue package is illustrative.Mr. Manchin was piqued when Ms. Harris appeared, without warning, on a television affiliate in West Virginia to promote the package before he backed it. Though a Democratic aide familiar with the matter, who asked for anonymity to speak candidly, said the episode was now “water under the bridge” it prompted cleanup by top White House officials.Mr. Manchin and Ms. Sinema’s offices declined to comment about Ms. Harris’s new role.Senate Republicans, meanwhile, are doing their best to kill the bill and blunt any Democratic attempt to change the filibuster rule, which would leave their party powerless to stop the passage of sweeping liberal priorities well beyond voting rights.At an event in his home state on Wednesday, Senator Mitch McConnell, Republican of Kentucky and the majority leader, argued that Democrats were inflating the impact of new state voting laws in an attempt to justify an unwarranted and chaotic slew of top-down changes to the way states run elections.“What is going on is the Democrats are trying to convince the Senate that states are involved in trying to prevent people from voting in order to pass a total federal takeover in how we conduct elections,” he told reporters. He said “not a single member” of his party supported the bill.Aware of the daunting path ahead, allies of the White House said that shepherding the bill through Congress was only one piece of the effort. Ms. Harris could be useful in helping ratchet up pressure on private companies, working with civil rights organizations, and engaging local communities over the importance of registering to vote.“She understands the need to engage in what I’d like to call kind of an ‘all of the above approach,’” said Representative Steven Horsford, Democrat of Nevada. “We can’t take anything for granted when we’re talking about having people’s voice heard at the ballot box.” More

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    Florida's New Voting Rights Law Explained

    Voting rights groups filed lawsuits shortly after Gov. Ron DeSantis signed legislation reducing voting access in the battleground state. Critics said the law will disproportionately affect people of color.Gov. Ron DeSantis of Florida, a Republican, signed new voting restrictions into law on Thursday, reducing voting access in one of the nation’s critical battleground states.Florida, which former President Donald J. Trump won by about three percentage points in 2020, is the latest Republican-controlled state, following Georgia, Montana and Iowa, to impose new hurdles to casting a ballot after November’s elections.Voting rights experts and Democrats say that some provisions of the new law will disproportionately affect voters of color.Here’s a guide to how the law changes voting in Florida.What are the changes in the new law?The law, Senate Bill 90, limits the use of drop boxes where voters can deposit absentee ballots, and adds more identification requirements for anyone requesting an absentee ballot. It also requires voters to request an absentee ballot for each two-year election cycle, rather than every four years, under the previous law. Additionally, it limits who can collect and drop off ballots.The law also expands a current rule that prohibits outside groups from holding signs or wearing political paraphernalia within 150 feet of a polling place or drop box, “with the intent to influence voters,” an increase from the previous 100 feet.Why are people upset?The new law weakens key parts of an extensive voting infrastructure that was built up slowly after the state’s chaotic 2000 election. In 2020, that infrastructure allowed Florida to ramp up quickly to accommodate absentee balloting and increased drop boxes during the coronavirus pandemic.Voters of color are most reliant on after-hours drop boxes, critics of the law say, as it’s often more difficult for them to both take hours off during the day and to organize transportation to polling places.Republican legislators promoting the bill offered little evidence of election fraud, and argued for limiting access despite their continued claims that the state’s 2020 election was the “gold standard” for the country.Florida has a popular tradition of voting by mail: In the 2016 and 2018 elections, nearly a third of the state’s voters cast ballots through the mail.In both years, more Republicans than Democrats voted by mail. But in 2020, more than 2.1 million Democrats cast mail ballots, compared with 1.4 million Republicans, after Mr. Trump claimed repeatedly that expanding mail-in voting would lead to fraud.Has voter fraud been a problem in Florida?Voting ran smoothly in 2020, by all accounts.“There was no problem in Florida,” said Kara Gross, the legislative director and senior policy counsel for the American Civil Liberties Union of Florida. “Everything worked as it should. The only reason they’re doing this is to make it harder to vote.”And Mr. DeSantis has praised Florida’s handling of November’s elections, saying that his state has “the strongest election integrity measures in the country.”But on the need for the new law, he said: “Florida took action this legislative session to increase transparency and strengthen the security of our elections.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-1jiwgt1{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;margin-bottom:1.25rem;}.css-8o2i8v{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-8o2i8v p{margin-bottom:0;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}Are other states pursuing similar restrictions?Yes. The Texas House of Representatives passed a similar measure this week after a lengthy debate. The bill will soon be taken up by the state’s Republican-controlled Senate. Other states including Arizona, Michigan and Ohio are considering their own bills.What can we expect to happen next?Voting rights groups filed lawsuits shortly after Mr. DeSantis signed the bill into law during a live broadcast on a Fox News morning program.The League of Women Voters of Florida, the Black Voters Matter Fund and the Florida Alliance for Retired Americans joined in one suit, arguing that “Senate Bill 90 does not impede all of Florida’s voters equally.”“It is crafted to and will operate to make it more difficult for certain types of voters to participate in the state’s elections, including those voters who generally wish to vote with a vote-by-mail ballot and voters who have historically had to overcome substantial hurdles to reach the ballot box, such as Florida’s senior voters, youngest voters, and minority voters.”Another suit was brought by the NAACP Legal Defense and Educational Fund, Disability Rights Florida and Common Cause, who argued that the law violates constitutional protections and the 1965 Voting Rights Act.The law took effect immediately, and will be in force for the 2022 election, when Mr. DeSantis is up for re-election. 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    Constitutional Challenges Loom Over Proposed Voting Bill

    The sprawling legislation, known as H.R. 1, could result in lawsuits leading to a dozen Supreme Court cases, legal experts said.WASHINGTON — If the sweeping voting rights bill that the House passed in March overcomes substantial hurdles in the Senate to become law, it would reshape American elections and represent a triumph for Democrats eager to combat the wave of election restrictions moving through Republican-controlled state legislatures.But passage of the bill, known as H.R. 1, would end a legislative fight and start a legal war that could dwarf the court challenges aimed at the Affordable Care Act over the past decade.“I have no doubt that if H.R. 1 passes, we’re going to have a dozen major Supreme Court cases on different pieces of it,” said Nicholas Stephanopoulos, a law professor at Harvard.The potential for the bill to set off a sprawling constitutional battle is largely a function of its ambitions. It would end felon disenfranchisement, require independent commissions to draw congressional districts, establish public financing for congressional candidates, order presidential candidates to disclose their tax returns, address dark money in political advertising and restructure the Federal Election Commission.The bill’s opponents say that it is, in the words of an editorial in The National Review, “a frontal assault on the Constitution” and “the most comprehensively unconstitutional bill in modern American history.”More measured critics take issue with specific provisions even as they acknowledge that the very nature of the bill — a grab bag of largely unrelated measures — would make it difficult to attack in a systematic way. In that respect, the anticipated challenges differ from those aimed at the Affordable Care Act, some of which sought to destroy the entire law.John O. McGinnis, a law professor at Northwestern University, said the bill went too far, partly because it was first proposed as an aspirational document rather than a practical one in 2019, when Republicans controlled the Senate and it had no hope of becoming law.“It seems very willing to brush past, at least in some cases, some relatively clear constitutional provisions,” he said, citing parts of the bill that require presidential candidates to disclose their tax returns and force advocacy groups to disclose their contributors.In March, 20 Republican state attorneys general said they were ready to litigate. “Should the act become law,” they wrote in a letter to congressional leaders, “we will seek legal remedies to protect the Constitution, the sovereignty of all states, our elections and the rights of our citizens.”Representative John Sarbanes, Democrat of Maryland and one of the lead authors of the package, said drafters had written it with a fusillade of Republican legal challenges in mind and were confident that it would “survive the great majority of them” in the Supreme Court.“I’m extremely comfortable that we built this to last,” Mr. Sarbanes said. “We think that the components are ones that are well girded against constitutional challenge — even by a court that we can imagine will probably start from a place of favorability to some of these challenges.”Democrats have made the bill a top legislative priority. But with Republicans united in opposition in the Senate, its path forward is rocky.Before a key committee vote this month, proponents of the overhaul are expected to introduce a slew of technical changes meant to address concerns raised by state elections administrators. But pushing it through the full chamber and to President Biden’s desk would require all 50 Senate Democrats to agree to suspend the filibuster rule and pass it on a simple party-line vote, a maneuver that at least two Democrats have so far rejected.Speaker Nancy Pelosi spoke at a news conference promoting H.R. 1 in March. Democrats have made the bill a top legislative priority.Anna Moneymaker for The New York TimesSome scholars have urged congressional Democrats to concentrate their efforts on narrower legislation, notably the John Lewis Voting Rights Advancement Act, which seeks to restore a key provision of the Voting Rights Act that the Supreme Court effectively eliminated by a 5-to-4 vote in 2013 in Shelby County v. Holder.The provision, the law’s Section 5, required states with a history of discrimination to obtain federal approval before changing voting procedures. In the Shelby County decision, the court ruled that the formula for deciding which states were covered violated the Constitution because it was based on outdated data.“Congress — if it is to divide the states — must identify those jurisdictions to be singled out on a basis that makes sense in light of current conditions,” Chief Justice John G. Roberts Jr. wrote for the majority.The John Lewis Voting Rights Advancement Act, named for the civil rights leader who served in the House for more than three decades until his death last year, responds to that invitation by updating the coverage formula. Whether the Supreme Court — which has become more conservative since 2013 — would uphold the new formula and allow Section 5 to be restored is an open question, but the Shelby County decision at least allows Congress to try.Similarly, the court’s precedents suggest that not all of the anticipated challenges to the much broader H.R. 1 would succeed.As a general matter, few doubt that Congress has broad authority to regulate congressional elections because of the elections clause of the Constitution.To be sure, the clause specifies that “the times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.”The clause’s next phrase, though, allows federal lawmakers to override most of the power granted to state legislatures: “But the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators.”The elections clause, supplemented by other constitutional provisions, Professor Stephanopoulos wrote in an article to be published in the journal Constitutional Commentary, means that “even the bill’s most controversial elements lie within Congress’s electoral authority, and Congress could actually reach considerably further, if it were so inclined.”But he acknowledged that there was controversy over the sweep of the provision. In a majority opinion in 2013, Justice Antonin Scalia wrote in an aside that the clause “empowers Congress to regulate how federal elections are held, but not who may vote in them.” That statement was in tension with the controlling opinion in a 1970 decision that allowed Congress to lower the minimum voting age in congressional elections to 18 from 21.The Supreme Court justices last month. The court has become more conservative since 2013, when it effectively eliminated a key provision of the Voting Rights Act.Erin Schaff/The New York TimesIf the statement from Justice Scalia is followed, it would raise questions about language in H.R. 1 that seeks to restore voting rights to people with felony convictions who have completed their sentences in states that would otherwise disenfranchise them.Several scholars said the provision might be vulnerable to a legal challenge. “That’s probably the most obvious red flag,” said Franita Tolson, a law professor at the University of Southern California.The Constitution grants Congress considerably less authority over presidential elections than congressional ones, allowing it to set only the timing. But some Supreme Court opinions have said the two kinds of authority are comparable.The bill’s requirement that states create independent commissions to draw congressional districts could also lead to litigation. Such commissions were upheld by a 5-to-4 vote in 2015 in Arizona State Legislature v. Arizona Independent Redistricting Commission.Justice Ruth Bader Ginsburg, writing for the majority, said Arizona voters were entitled “to address the problem of partisan gerrymandering — the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.”With changes in the makeup of the Supreme Court since then, the Arizona precedent might be vulnerable, said Travis Crum, a law professor at Washington University in St. Louis.“In litigation over the 2020 election, several justices — including Justice Brett Kavanaugh — questioned the validity of that precedent,” Professor Crum said. “Given the possibility that the court might overturn that decision in the near future, it is even more imperative that Congress step in and mandate the use of independent redistricting commissions for congressional districts.”In dissent in the Arizona case, Chief Justice Roberts wrote that the Constitution specified that only state legislatures had the power to draw congressional maps. Four years later, though, writing for the majority in rejecting a role for federal courts in addressing partisan gerrymandering, he wrote about independent commissions created by ballot measures with seeming approval and said Congress also had a role to play, citing an earlier version of H.R. 1.Representative John Lewis of Georgia outside the Supreme Court in 2013. A voting bill named for him seeks to restore enforcement of Section 5 of the Voting Rights Act, after the court effectively eliminated it.Chip Somodevilla/Getty ImagesThe provision in H.R. 1 establishing a public financing system appears to be consistent with current Supreme Court precedentsIn 2011, by a 5-to-4 vote, the court struck down a different Arizona law, which provided escalating matching funds to participating candidates based on their opponents’ spending. But Chief Justice Roberts, writing for the majority in the case, Arizona Free Enterprise Club v. Bennett, indicated that more routine public financing systems remained a valid constitutional option.“We do not today call into question the wisdom of public financing as a means of funding political candidacy,” Chief Justice Roberts wrote. “That is not our business.”Some of the disclosure requirements in H.R. 1 have drawn objections from across the ideological spectrum. The American Civil Liberties Union has said that it supports disclosures tied to “express advocacy” of a candidate’s election or defeat. The bill goes further, though, requiring disclosures in connection with policy debates that refer to candidates.That measure, two A.C.L.U. lawyers wrote in The Washington Post in March, “could directly interfere with the ability of many to engage in political speech about causes that they care about and that impact their lives by imposing new and onerous disclosure requirements on nonprofits committed to advancing those causes.”“When a group is advocating policy changes outside the mainstream,” they continued, “they need privacy protections to be able to speak freely and without fear of reprisal.”The Citizens United decision in 2010 upheld the disclosure requirements before it by an 8-to-1 vote, but a pending Supreme Court case, American for Prosperity v. Bonta, might alter the constitutional calculus.Professor McGinnis said he also questioned a provision in the bill that required leaders of organizations to say they stood by the messages in political advertisements. “This seems to me to be eating up airtime without any real justification and subjecting people to harassment,” he said.He also took issue with the bill’s requirement that presidential candidates disclose their tax returns, saying Congress cannot add qualifications to who can run for president beyond those set out in the Constitution: that candidates be natural-born citizens, residents for 14 years and at least 35 years old.A 1995 Supreme Court decision rejecting an attempt by Arkansas to impose term limits on its congressional representatives appears to support the view that lawmakers cannot alter the constitutional requirements.Even if every one of the objections to the bill discussed in this article were to prevail in court, most of the law would survive. “Part of why the attack on H.R. 1 is unlikely to be successful in the end is that the law is not a single coherent structure the way Obamacare was,” Professor Stephanopoulos said. “It’s a hundred different proposals, all packaged together.”“The Roberts court would dislike on policy grounds almost the entire law,” he added. “But I think even this court would end up upholding most — big, big swaths — of the law. It would still leave the most important election bill in American history intact even after the court took its pound of flesh.”Nicholas Fandos More

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    The Painful History of the Georgia Voting Law

    Republicans today know that blocking access to the ballot has always relied on legal maneuvering and political schemes.Seventy-five years ago this July, a World War II veteran named Maceo Snipes reportedly became the first Black man to cast a ballot in his rural Georgia county. The next day, a white man shot him in his front yard, and Mr. Snipes would soon afterward die from those wounds.Fortunately, three generations removed from the political reign of terror that claimed Mr. Snipes’s life, voter suppression seems much less likely to arrive by bullet. But we may not be as distant in our political moment from theirs as we might think: The long struggle to block access to the ballot has always relied on legal maneuvering and political schemes to achieve what bullets and bombs alone could not.What legislators in Georgia and across the country have reminded us is that backlash to expanded voting rights has often arrived by a method that our eras share in common: by laws, like Georgia’s Senate Bill 202, passed by elected politicians.Opponents of the new Georgia law denounce the legislation as “Jim Crow 2.0” precisely because they recognize the continuities between past and present. The bill’s most ardent supporters, who lined up in front of a painting of a building on the site of an antebellum plantation to watch Gov. Brian Kemp sign it into law, seem less interested in distancing themselves from that past and more eager for Americans to forget it.“Our country has changed,” Chief Justice John Roberts explained in 2013 in defending the Supreme Court’s gutting a key provision of the Voting Rights Act in Shelby County v. Holder, a decision that helped clear the way for the current voter suppression campaigns. Yet the riot at the U.S. Capitol makes clear that concerted efforts to sow seeds of distrust in the democratic process can still stoke violent reaction.The methods in the fight against voting rights have a common objective — an electorate narrowed along predictable and demonstrable fault lines. Many present-day proponents of voting restrictions are quick to distance themselves from the racist aims and attitudes of their forebears, but the most durable and enduring attacks on voting rights have long cloaked their goals in race-neutral language — at least in writing.Historians like Carol Anderson demonstrate that attempts to limit ballot access have followed in the wake of mass political mobilization and in response to federal efforts to protect or expand voting rights. At the time Mr. Snipes was killed, the U.S. Supreme Court had recently invalidated the white primary, a disenfranchisement tactic that locked Black voters out of the only election that really mattered because of one-party rule in the “Solid South.” The N.A.A.C.P., which grew from 50,000 to approximately half a million members during World War II, spearheaded the legal challenge to the white primary and grass-roots voter registration drives across the South. Anticipating that Black voters would flood the polls in 1946, Eugene Talmadge, the ex-governor running for the office again, mobilized supporters to ward off threats from local activists and federal action alike.Mr. Talmadge egged on supporters who intimidated and attacked Black voters, but his most enduring and effective tactics look much more like present-day voter suppression tactics. As the Emory researcher Hannah Charak has documented, Mr. Talmadge quietly collaborated with sympathetic local officials on illegal registration purges and blanketed the state with “challenge forms” that white residents could use to dispute Black votes.Voter suppression tactics like literacy tests and Georgia’s infamous county unit system delivered racist leadership like Mr. Talmadge (and his son) while withstanding legal challenges and Supreme Court rulings for decades in part because such measures commonly avoided mention of race.If we remember Georgia’s extremist enemies of democracy for the violence they inspired, then today’s advocates of voter suppression may well expect history to reflect favorably on their relative restraint. Yet even as many supporters of Georgia’s new voting restrictions seek to distance themselves from the violence at the Capitol, they invoke unproven claims of voter fraud and the passions they provoke as a pretext for their legislative actions — political cover for those who claim the high ground of “electoral reform.”Georgia is now a far cry from the one-party politics of Jim Crow, and its increasingly diverse population challenges the power of the overwhelmingly white and disproportionately rural ruling class that has held sway for nearly all of the state’s history — thanks in large part to an unending stream of voter suppression schemes.The ruling logic that drives those efforts, spanning generations and a dramatic shift in party affiliation, is the conviction that America would be better off if fewer Americans voted. Perhaps it is time not only to focus on those who say the quiet parts out loud but to remember that the quiet parts have been there all along.Jason Morgan Ward, a professor of history at Emory University, is the author of “Defending White Democracy: The Making of a Segregationist Movement and the Remaking of Racial Politics, 1936-1965” and, most recently, “Hanging Bridge: Racial Violence and America’s Civil Rights Century.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More